alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
David FRANKLING, Appellant, v. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CMLTI 2005-7, and Laura A. Dorsey, Appellees.

Case No. 2D17-3041

District Court of Appeal of Florida, Second District.

Opinion filed January 4, 2019

Michael Alex Wasylik of Ricardo & Wasylik, PL, Dade City, for Appellant.

Alan M. Pierce of Liebler, Gonzalez & Portuondo of Miami, for Appellee US Bank National Association.

No appearance for remaining Appellee.

PER CURIAM.

Affirmed.

NORTHCUTT, KELLY, and ROTHSTEIN-YOUAKIM, JJ., Concur.
Kevin D. HARVEY, Appellant, v. The STATE of Florida, Appellee.

No. 3D18-1590

District Court of Appeal of Florida, Third District.

Opinion filed August 29, 2018.

Kevin D. Harvey, in proper person.

Pamela Jo Bondi, Attorney General, for appellee.

Before SUAREZ, EMAS and FERNANDEZ, JJ.

PER CURIAM.

Affirmed. *See* *Marek v. State*, 14 So.3d 985, 990 (Fla. 2009) (holding: "To obtain a new trial based on newly discovered evidence, a defendant must meet two requirements. First, the evidence must not have been known by the trial court, the party, or counsel at the time of trial, and it must appear that the defendant or defense counsel could not have known of it by the use of diligence. Second, the newly discovered evidence must be of such nature that it would probably produce an acquittal on retrial. *See* *Jones v. State*, 709 So.2d 512, 521 (Fla.1998) ( *Jones II* ). Newly discovered evidence satisfies the second prong of the *Jones II* test if it 'weakens the case against [the defendant] so as to give rise to a reasonable doubt as to his culpability.' *Jones II*, 709 So.2d at 526 (quoting *Jones v. State*, 678 So.2d 309, 315 (Fla.1996) ). If the defendant is seeking to vacate a sentence, the second prong requires that the newly discovered evidence would probably yield a less severe sentence. *See* *Jones v. State*, 591 So.2d 911, 915 (Fla.1991) ( *Jones I* )").
IN THE SUPREME COURT OF TEXAS 

NO. 21-0642 

BRAZOS RIVER AUTHORITY AND THE STATE OF TEXAS, PETITIONERS

v. 

CITY OF HOUSTON AND SYLVESTER TURNER, IN HIS OFFICIAL CAPACITY AS 

MAYOR OF THE CITY OF HOUSTON

ON PETITION FOR REVIEW FROM THE 

COURT OF APPEALS FOR THE THIRD DISTRICT OF TEXAS

ORDERED: 

 1. Pursuant to Texas Rule of Appellate Procedure 56.3, after granting the 

petition for review and without hearing oral argument or considering the merits, the Court 

vacates the court of appeals’ judgment and dismisses the case as moot. 

 2. Because the State was not a party to the settlement and the issues 

presented may be of consequence in other contexts, the Court vacates the court of 

appeals’ opinion. See Morath v. Lewis, 601 S.W.3d 785, 792 (Tex. 2020). 

 Done at the City of Austin, this Friday, September 2, 2022. 

BLAKE A. HAWTHORNE, CLERK

SUPREME COURT OF TEXAS

BY CLAUDIA JENKS, CHIEF DEPUTY CLERK
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staff profileChristopher B DuRoss

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staff profileIan Stone

staff profileJ. Wright Horton, Jr., Ph.D.

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<partyblock><br><br><div align="center"><b><font size="+1">285 Schenectady, LLC, Respondent,<br><br>against<br><br>Bethsy Brown, Appellant.</font></b></div><br><br><p>South Brooklyn Legal Services (Sarah Telson, Regina Gennari and Logan Schiff of counsel), for appellant.Stern &amp; Stern, Esqs. (David Lyle Stern of counsel), for respondent.</p><p>Appeal from an order of the Civil Court of the City of New York, Kings County (Marina C. Mundy, J.), entered August 3, 2015. The order denied tenant's motion for summary judgment dismissing the petition and granted landlord's cross motion for summary judgment in a holdover summary proceeding.</p><p>ORDERED that the order is modified by providing that landlord's cross motion for summary judgment is denied and that, upon a review, pursuant to CPLR 409 (b), of the pleadings, papers and admissions, the petition is dismissed, and by further providing that the denial of tenant's motion for summary judgment dismissing the petition is on the ground of mootness; as so modified, the order is affirmed, without costs.</p><p>In this holdover proceeding based on a claim that tenant failed to execute a renewal lease (Rent Stabilization Code ยง 2524.3 [f]), tenant moved for summary judgment dismissing the petition on the ground that the renewal offer was invalid because the rents listed therein were above the legal regulated rent. Landlord cross-moved for summary judgment. Tenant appeals from an order denying tenant's motion and granting landlord's cross motion.</p><p>For the reasons stated in <i>1646 Union, LLC v Simpson</i> (__ Misc 3d __, 2019 NY Slip Op _____ [appeal No. 2015-2100 K C], decided herewith), the order is modified by providing that landlord's cross motion for summary judgment is denied and that, upon a review, pursuant to <font color="FF0000">[*2]</font>CPLR 409 (b), of the pleadings, papers and admissions, the petition is dismissed, and by further providing that the denial of tenant's motion for summary judgment dismissing the petition is on the ground of mootness.</p><p>PESCE, P.J., ELLIOT and SIEGAL, JJ., concur.</p><br><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: January 18, 2019<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
**EXHIBIT 31.2**

CERTIFICATIONS

I, John F. Thero,certify that:

1.      I havereviewed this quarterly report on Form 10-Q of Acusphere, Inc.;

2.      Based onmy knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.      Based onmy knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.      Theregistrant’s other certifying officers and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and we have:

a)      Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b)     [Paragraphomitted in accordance with SEC transition instructions contained in SEC ReleaseNos. 34-47986 and 34-49313];

c)      Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

d)     Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

5.      Theregistrant’s other certifying officers and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

a)      Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

b)     Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

Date: August 9, 2006

 
|        | /s/ John F. Thero             |
|--------|-------------------------------|
|   | John F. Thero                 |
|   | Chief Financial Officer       |
|   | (Principal Financial Officer) |

 

----
Fourth Court of Appeals

San Antonio, Texas

September 13, 2022

No. 04-22-00198-CR

Juan Manuel GOMEZ,

Appellant

v.

The STATE of Texas,

Appellee

From the 156th Judicial District Court, McMullen County, Texas

Trial Court No. M-21-0013-CR-B

Honorable Janna K. Whatley, Judge Presiding

O R D E R

Appellant’s brief was originally due June 10, 2022. We granted appellant’s motion for 

extension of time, extending the deadline for filing the brief until August 9, 2022. When neither 

the brief nor a second motion for extension of time was filed, we ordered appellant’s counsel to 

file the brief by August 25, 2022. Again, no brief was filed. On August 29, 2022, we abated this 

appeal and remanded the cause to the trial court for a hearing to determine whether appellant or 

appointed counsel had abandoned the appeal. On September 6, 2022, appellant filed his brief, but 

did not file a motion for extension of time. 

After consideration, we REINSTATE this appeal to our docket. We WITHDRAW our 

August 29, 2022 order requiring an abandonment hearing. We accept appellant’s brief and 

ORDER appellant’s appointed counsel to file a motion for extension of time that explains the 

delay in filing the brief by September 19, 2022.

Appellee’s brief is due by October 13, 2022.

_________________________________

Beth Watkins, Justice

FILE COPY
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 13th day of September, 2022.

___________________________________

MICHAEL A. CRUZ, Clerk of Court

FILE COPY
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Podcasts        August 23, 2021        Eyes on Earth Episode 57 – Landsat and the Great Lakes
STATE of Louisiana v. Earl Keith HARRIS

NO. 2018-KO-0160

Supreme Court of Louisiana.

June 15, 2018

Denied.
##### 



Exhibit 10.8
 TERM NOTE
 $____________
    
    New York, New York
[Date]
 Parent BE LLC Borrowers Lender
 provided
 Credit Agreement Parent BE LLC Borrowers




---



##### 



THIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS OF THE CREDIT AGREEMENT.
TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE ADMINISTRATIVE AGENT
PURSUANT TO THE TERMS OF THE CREDIT AGREEMENT.
 THIS NOTE SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEW
YORK WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES THAT WOULD REQUIRE THE APPLICATION OF THE LAWS
OF ANOTHER JURISDICTION.
  M-2




---



##### 



BEARINGPOINT, INC.,
     as BorrowerBy:Name:Title:BEARINGPOINT, LLC,
     as BorrowerBy:Name:Title M-3
BENTON PROPERTIES, LLC v. 213 UPLAND, LLC, et al.

NO. 2018-CC-1913

Supreme Court of Louisiana.

January 18, 2019

Denied.
III 

118TH CONGRESS 

1ST SESSION S. RES. 152 

Designating April 2023 as ‘‘National Native Plant Month’’. 

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2023 

Ms. HIRONO (for herself and Mr. BRAUN) submitted the following resolution; 

which was referred to the Committee on the Judiciary 

MAY 3, 2023 

Committee discharged; considered and agreed to 

RESOLUTION 

Designating April 2023 as ‘‘National Native Plant Month’’. 

Whereas native plants are indigenous species that have 

evolved and occur naturally in a particular region, ecosystem, and habitat; 

Whereas there are more than 17,000 native plant species in 

the United States, which include trees, shrubs, vines, 

grasses, and wildflowers; 

Whereas native plants help prevent flooding, drought, and 

erosion and can help restore damaged ecosystems; 

Whereas native plants provide shelter as well as nectar, pollen, and seeds that serve as food for native butterflies, insects, birds, and other wildlife in ways that non-native 

plants cannot; 


kjohnson on DSK79L0C42PROD with BILLS
2 

SRES 152 ATS 

Whereas more than 200 of the native plant species in the 

United States are estimated to have been lost since the 

early 19th century; 

Whereas habitat loss and degradation, extreme weather 

events, and invasive species have contributed to the decline of native plants in the United States; and 

Whereas native plants are essential components of resilient 

ecosystems and the natural heritage of the United States: 

Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates April 2023 as ‘‘National Native 

3 Plant Month’’; and 

4 (2) recognizes the benefits of native plants to 

5 the environment and economy of the United States. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
E.S., the Mother, Appellant, v. DEPARTMENT OF CHILDREN AND FAMILIES and Guardian Ad Litem Program, Appellees.

No. 4D18-2435

District Court of Appeal of Florida, Fourth District.

[November 21, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 686 Introduced in House (IH)]

113th CONGRESS
  2d Session
H. RES. 686

  Providing for consideration of the bill (H.R. 2821) to provide tax 
relief for American workers and businesses, to put workers back on the 
 job while rebuilding and modernizing America, and to provide pathways 
              back to work for Americans looking for jobs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2014

  Ms. Wilson of Florida submitted the following resolution; which was 
                   referred to the Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
  Providing for consideration of the bill (H.R. 2821) to provide tax 
relief for American workers and businesses, to put workers back on the 
 job while rebuilding and modernizing America, and to provide pathways 
              back to work for Americans looking for jobs.

    Resolved, That immediately upon adoption of this resolution the 
Speaker shall, pursuant to clause 2(b) of rule XVIII, declare the House 
resolved into the Committee of the Whole House on the state of the 
Union for consideration of the bill (H.R. 2821) to provide tax relief 
for American workers and businesses, to put workers back on the job 
while rebuilding and modernizing America, and to provide pathways back 
to work for Americans looking for jobs. All points of order against 
consideration of the bill are waived. General debate shall be confined 
to the bill and shall not exceed one hour equally divided and 
controlled by the chair and ranking minority member of the Committee on 
Ways and Means. After general debate the bill shall be considered for 
amendment under the five-minute rule. Each section of the bill shall be 
considered as read. All points of order against provisions in the bill 
are waived. At the conclusion of consideration of the bill for 
amendment the Committee shall rise and report the bill to the House 
with such amendments as may have been adopted. The previous question 
shall be considered as ordered on the bill and amendments thereto to 
final passage without intervening motion except one motion to recommit 
with or without instructions. If the Committee of the Whole rises and 
reports that it has come to no resolution on the bill, then on the next 
legislative day the House shall, immediately after the third daily 
order of business under clause 1 of rule XIV, resolve into the 
Committee of the Whole for further consideration of the bill.
    Sec. 2.  Clause 1(c) of rule XIX shall not apply to the 
consideration of H.R. 2821.
                                 <all>
```
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National News Release        April 10, 2015        Researchers Test Smartphones for Earthquake Warning
Ex.
      32.1


**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**






In
      connection with the Annual Report of CHINA YINGXIA INTERNATIONAL, INC. (the
      “Company”) on Form 10-KSB for the year ended December 31, 2006 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Yingxia
      Jiao, Chief Executive Officer and Chief Financial Officer of the Company,
      certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
      906
      of the Sarbanes-Oxley Act of 2002, that:




1.
            The
                Report fully complies with the requirements of Section 13(a) or 15(d)
                of
                the Securities Exchange Act of 1934; and2.
            The
                information contained in the Annual Report fairly presents, in all
                material respects, the financial condition and result of operations
                of
                CHINA YINGXIA INTERNATIONAL, INC..




A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.





**CHINA
      YINGXIA INTERNATIONAL, INC.**





By:   */s/
                Yingxia Jiao*YINGXIA
                  JIAOChief
                  Executive OfficerChief
              Financial Officer





Date:  April
      2,
      2007